Privacy Policy

This Privacy Policy describes Upside’s practices regarding personally identifiable information (“Information”). This policy applies to our websites, mobile applications, email, text messages and social media accounts (“Platforms”). When you use the Platforms, you accept and consent to the collection, use, sharing, disclosure, storage, transfer and processing of your Information as described in this policy.

UPDATES TO PRIVACY POLICY AS OF JANUARY 17, 2017

INFORMATION WE COLLECT ABOUT YOU

In General. We receive and store information about you when you visit our Platforms. We may also collect Information from you when you visit third party Platforms, open or respond to our emails, contact customer service or use support tools, visit any page that displays our ads or content, purchase products or services on our Platforms, connect or link to any Platform via social networking sites, post comments to online communities and/or provide information to our suppliers, advertising and business partners. Information collected may include first and last name, telephone number, postal and email addresses, gender, data of birth, account password, passport number, company name, location, dates of travel, preferred language and billing information (such as credit card number, cardholder name, and expiration date). We may also request information about your hotel room preferences and rewards programs, frequent flyer programs, car rental preferences, etc. You can choose not to provide information to us, but, in general some information about you is required in order for you to book travel; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on the Platforms.

Travel Companion Information. When you make a reservation for someone else using the Platforms, Information and travel preferences may be requested about that individual. You should obtain the consent of other individuals prior to providing us with their Information and travel preferences, as any access to view or change their information will be available only through your account.

Information from Other Sources. We also may periodically obtain both personal and non-personal information about you from affiliated entities, advertising and business partners, data providers and other third party sources and add it to our information. Examples of information we may receive include: name, travel dates, flight info, email address, purchase history, demographic information, unique individual or device identifiers, etc. In addition, if you sign up for our services using social media accounts, link your Upside account to your social media accounts, or use other social media features, we may access Information about you via social media platforms. This information may include your name, email address, profile picture, gender, location, list of friends, and other information.

Automatic Information. We automatically collect some information about your computer when you visit our, or other, Platforms. For example, we will collect your IP address, web browser software (such as Firefox, Safari, or Internet Explorer), and information about referring websites. We also may collect information about your online activity, such as trips viewed and bookings made.

HOW WE SHARE YOUR INFORMATION

We share your information with or for:

Suppliers. We share your Information with hotel, airline, car rental, and activity providers, to fulfill your travel reservations and requests. By making a reservation or request through any Platform, you are authorizing us to disclose to our suppliers the information required to complete the booking and deliver the travel related services. We do not control the privacy practices of suppliers. We encourage you to review the privacy policies of suppliers for more information regarding the applicable privacy practices.

Third Party Vendors. We share your information with third party vendors who provide services or functions on our behalf. These third party vendors include credit card processing companies, wholesale purchasers of hotel, airline and car rental services, gift card awards and redemption providers, business analytics platforms, customer service organizations, advertising and business partners, distributers of surveys or sweepstakes programs, and fraud prevention firms. We may also authorize third party vendors to collect information on our behalf as necessary to operate features of our Platforms or to facilitate online advertising tailored to your interests. Third-party vendors have access to, and may collect, your Information to perform their functions and deliver services. We do not control the privacy practices of third party vendors. We encourage you to review the privacy policies of the third party for more information regarding the applicable privacy practices.

Business Partners. We may jointly offer products or services with business partners. You can tell when a business partner is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share your Information with our partners. We do not control the privacy practices of business partners. We encourage you to review the privacy policies of our business partners for more information regarding the applicable privacy practices.

Future Business Transactions. As our business is constantly changing, we may transfer your Information as part of a merger, sale of assets, acquisition, etc.

Referring Platforms. If you are referred to our Platforms from another Platform, an advertising site, a blog, a social media site, etc., we may collect information about you from the referring Platform or site. Also, we may share some information about you with the referring Platform or site. We do not control the privacy practices of referring websites. We encourage you to review the privacy policies of any referring Platform.

Surveys and Promotions. Upside may conduct surveys and promotions on our Platforms that collect your Information. Our surveys and promotions are voluntary and any information you provide may be collected, used, shared, disclosed, stored, transferred and processed in accordance with this policy. Your participation in our surveys and promotions, and your submission of Information, serves as your consent to these practices.

USING OUR PLATFORMS FROM OUTSIDE THE UNITED STATES-CONSENT FOR THE PROCESSING AND TRANSFER OF YOUR INFORMATION

When visiting the Platforms from outside the United States, please be aware that we may process your Information in, or transfer your Information to, the United States. We may also transfer your Information to third parties in the United States for processing. If you do not wish your Information to be processed in, or transferred to, the United States, please do not provide your Information when using our Platforms in locations outside the United States. By submitting your Information, you agree and consent to having your Information processed by, and transferred to, us and third parties in the United States.

PROTECTING YOUR INFORMATION

While no Platform can guarantee security, we use commercially reasonable physical, technical, and administrative safeguards to assist us in preventing unauthorized access, use and disclosure of your Information.

COOKIES AND TRACKING TECHNOLOGIES

Upside, and third parties, use cookies, tracking technologies and analytics services. We use first and third party tracking tools to collect your Information, as well as usage and demographic information about you over time and across different Platforms. Third parties (e.g., advertising partners), may collect Information, such as your name, address, email address, gender, telephone number, travel dates, flight information, unique identifiers, etc., via these technologies. We also may use analytics services such as Google Analytics, Full Story, etc. which provide us with a clearer picture of how you use the Platforms, such as the date and time you visit our sites, the areas or pages that you visit, the amount of time you spend viewing or using the Platforms, the number of times you return and other click-stream or usage data, emails or ads that you open, forward or click-through to our Platforms. In addition, we and third parties may also collect and store your Information via Upside and third party browser cookies (which are stored on your computer in a file), web beacons, remarketing pixel tags, and Flash cookies (which are placed in the code of a web page or email or which access your browsing activity). Where cookie technologies may not be available (for example in mobile applications), Upside and third parties may use technologies that perform similar functions to cookies that link identifiers used for advertising on mobile applications to an advertising cookie to coordinate ads across your mobile apps and mobile browser. We may use cross device tracking, Bluetooth low energy beacons, ibeacons, audio beacons and digital fingerprinting to identify and track you when you use different devices and Platforms. By using the Platforms, you consent to the use of cookies and tracking technologies described in this policy. For more information regarding the cookies and tracking technologies that we may use, click here.

OPTING OUT OF COOKIES

We provide you with choices regarding cookies and tracking technologies. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Please keep in mind that, without cookies, you may not have access to certain features on our Platforms, including access to your profile or account and certain personalized content. Removing all cookies from your computer could also affect your subsequent visits to certain Platforms, including Upside Platforms, by requiring that, for example, you enter your login name when you return.

If you would like to opt-out of cookies, tracking technologies and/or analytics services, here are some options:

If you would like to generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising please visit the opt-out pages on the NAI website and DAA website or click the following:

By using the Platforms, you give us your free, unambiguous and informed consent to the use of any of the cookies and tracking tools mentioned in this policy.

Managing “Do Not Track” Signals

Some browsers have a Do Not Track (“DNT”) feature that lets you tell websites that you do not want to have your online activities tracked. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity via cookies or other tracking technologies. For information regarding DNT and how to enable this setting, if available, on your devices please see https://allaboutdnt.com.

Email Notifications

You may choose not to receive commercial emails from us by following the unsubscribe instructions contained in the commercial emails we send you. Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial email related to your account and your transactions.

If you wish to opt-out of receiving offers from our business or advertising partners you can follow the opt-out or unsubscribe instructions in the emails that they send you.

Using Mobile and Other Devices

We and/or third parties that we have engaged may collect and store unique identifiers matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the internet, or to identify you in a unique manner across other devices or browsers. In order to customize these ads or content, we, or third parties may collect your Information e.g., your email address, or data passively collected from you, such as your device identifier or IP address.

You can manage how your mobile device and mobile browser share information with the Platforms, as well as how your mobile browser handles cookies, by adjusting the privacy and security settings on your device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

TEXT MESSAGING AND ALERTS - OPTING IN AND OUT

Our mobile Platforms give you the choice to opt-in to receiving text messages and alerts on the mobile phone number(s) you have shared with us. Once you have opted-in, we may send you text messages (i) regarding your account; (ii) to investigate or prevent fraud; and (iii) to alert you in the event of an emergency. We may send you text messages and alerts using autodialed technology. We will not contact you via text messages or alerts for marketing purposes without your prior express written consent. You do not have to opt-in to text messages and alerts to use and enjoy our Platforms and services. If you opt-in, standard text messaging charges may apply. For more information regarding our text messaging and alerts, please contact us at privacy@upside.com.

You may choose to opt-out from our text messages and alerts at any time using any reasonable means. To directly opt-out send us a text message from your mobile phone with the word STOP, STOP ALL, END, QUIT, CANCEL or UNSUBSCRIBE and we will unsubscribe you from text communications. Once you opt-out, you will not receive any additional text messages via your mobile phone. Please keep in mind that if you opt-out of receiving text messages and alerts we may not be able to contact you with important messages regarding your account. However, if there is an emergency or account question, we will make every attempt to contact you in other ways such as by email or on a land line phone.

Your Access To and Control Over Your Information.

You can inquire as to your Information, ask the following questions, or take the following actions by contacting us via email at privacy@upside.com or via the address or phone number given on our Platforms to:

See what Information we have about you if any;

Change/correct any Information we have about you;

Have us delete any Information we have about you;

Express any concerns you have about our use of your Information.

INFORMATION SUBMITTED BY CHILDREN

We do not knowingly collect Information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Information, we will delete such information from our files.

Third Party Platform Links. We may collect your Information from third parties. This includes when you log in using a third party platform, such as Facebook, LinkedIn, Google, Twitter, etc. We may disclose information collected from third parties to customize ads and to manage and facilitate messaging on third party platforms, including but not limited to, Facebook, LinkedIn, Google, Twitter, etc. We do not control the privacy practices of third party platforms. We encourage you to review the privacy policies of third party Platforms for more information regarding the applicable privacy practices.

YOUR CALIFORNIA PRIVACY RIGHTS

As provided by California Civil Code Section 1798.83, a California resident who has provided Information to a business with whom they have established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom Information was disclosed in the preceding calendar year, as well as a list of the categories of Information that were collected and/or disclosed. To request such information, please submit your request by email to privacy@upside.com, or in writing to The Upside Travel Company, LLC, and Attn: California Shine the Light Inquire, 1602 L Street NW, Washington, D.C. 20036. Please allow 30 days for a response. Please note that we are only required to respond to one request per customer each year and you will not be charged for this request.

If you would like to review and/or change your Information retained by Upside Travel please see the section above “Your Access to and Control over Information.” If you have questions regarding the process to review and/or change your Information please email us at privacy@upside.com.

California and other customers may request further information about our compliance with this law by emailing Upside Travel at privacy@upside.com.

Changes to Privacy Policy. Any material changes to this policy will be posted on our webpage to keep you aware of what information is collected, how it is used, and under what circumstances it will be shared. It is your responsibility to review Upside Travel’s Privacy Policy each time you provide Information to us as the policy may have changed since the last time you used our Platforms.

How you can contact us. If you have questions about this Privacy Policy (or your travel planning or purchases), please email us at privacy@upside.com.

This Privacy Policy was last updated on January 17, 2017.

WHAT’S NEW?

Effective January 17, 2017, we changed our Privacy Policy to clarify the types of Information we collect about you, the ways we collect your Information and how we may use and share your information.

Here Is A Summary Of The Changes:

We may use the services of Fullstory and other platforms to understand how you use the Platforms, set up your account, share your information with marketing partners and your travel interests and preferences through reporting. These Platforms may collect information such as the date and time you visit our sites, the areas or pages that you visit, the amount of time you spend viewing or using the Platforms, the number of times you return and other click-stream or usage data, emails or ads that you open, forward or click-through to our Platforms.

COOKIES AND TRACKING TECHNOLOGIES: USES AND INFORMATION

Upside and third parties, may use Cookies and tracking tools for following purposes when you visit our Platforms:

To track new visitors to our Platforms;

To operate, maintain and improve our Platforms, services and programs;

To send you reminders, technical notices, updates, security alerts, support and administrative messages, marketing messages and requested information, including on behalf of our advertising and business partners;

To administer rewards, surveys, sweepstakes, contests or other promotional activities or events sponsored by us or our advertising and business partners;

To help us recognize your browser as a previous visitor. This includes saving and remembering any preferences that may have been set while your browser was visiting the our Platforms, such as language preferences;

To store your username and password if you are registered with us;

To provide you with interest-based or other ads and offers for products and services from us and our advertising and business partners. We work with advertising partners and companies to display targeted advertising on our Platforms, and other third party Platforms that you visit, including but not limited to Facebook, LinkedIn and Twitter. This targeting may be based on information you submit on our Platforms or third party Platforms. This targeting may also be based on your activities or behaviors on our Platforms or those of third parties. We may also obtain information about your browsing history or other demographic information from our business and advertising partners.

To perform analytics and conduct customer research. We may use Mapbox, Google Analytics and similar technologies to collect statistics about the behavior of visitors to our Platforms. These technologies collect only anonymized information about you, rather than Information such as your name or other identifying data. We do not control the cookies or other tracking technologies used by third parties to collect and store your information. We encourage you to review the privacy policies of third parties for more information regarding the applicable privacy practices.

Here is some more information on cookies and tracking technologies that we, or third parties, may use when you visit our Platforms:

Audio beacons - An audio beacon, like a web beacon, tracks user behavior and interaction with advertisements. Inaudible audio beacons are embedded in television commercials, radio advertisements, and other advertisements to communicate with apps that are enabled and actively listening for the audio beacon. For example, audio beacons will transmit the details of a television sale to an advertiser and, as a result, a user may then start seeing ads on a cell phone for the same product, because the phone picked up an audio beacon signal, allowing the advertiser to target ads across devices (TV and smartphone).

Bluetooth low energy – BLE is a wireless device-to-device technology that offers lower power consumption by enabling devices to remain connected to each other. BLE broadcasts advertising data to devices like smartphones, where they can be used for a variety of smartphone applications to trigger events such as push messages, app actions, and prompts.

Cookies – Small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognize a particular device or browser.

Cross-device tracking - Cross-device identification and tracking is the process of recognizing a user across different devices such as desktop computers, smartphones, tablets, etc. Cross-device identification requires a specific user identifier that is common to different devices. User identification can be based upon login usernames for Facebook, Google and Twitter, etc. The specific user identifier can also be tied to the different devices associated with a unique user or household through device matching process based on IP addresses or other data.

Digital fingerprinting - Device fingerprinting is a process by which a fingerprint of a connected device such as a desktop computer, tablet, smartphone, game console, etc., is captured when visiting a website. A unique ID or fingerprint is then generated from the device and added to a database without collecting Information.

First-party cookies - First party cookies are set by the Platform you are visiting. First party cookies collect data from direct contact with a user and may track profiles via web forms, browsing history, purchase history, etc.

iBeacons - iBeacons use Bluetooth low energy sensors to transmit unique identifiers to compatible apps or operating systems. The identifiers, and several bytes of data sent with it, can be used to determine the device's physical location to track customers and initiate location-based actions including social media check-ins or push notifications.

Log files – Log files may collect demographic information, such as ZIP code, age, gender, preferences, interests and favorites that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by log files. This information can include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. 8. Persistent cookies - Persistent cookies are stored on your device in between browser sessions, allowing first or third parties to remember your preferences or actions across multiple sites.

Session cookies - Session cookies expire at the end of your browser session and allow first parties or third parties to link your actions during that particular browser session.

Flash cookies – Flash cookies, aka Local Shared Objects (LSOs), are small files stored on your computer by websites using Adobe Flash applications. Flash cookies are used for purposes very similar to those of regular cookies, such as to store preferences and track internet activity.

HTML5 LSO - We may use Local Storage Objects (LSOs) such as HTML5 to store information and preferences. We partner with third parties to provide certain features on our site or to display advertising based upon your browsing activity. Various browsers may offer their own management tools for removing HTML5 LSOs.

Third-party cookies - Third-party cookies are set by a third party Platform separate from the site you are visiting.

Web beacons – Web beacons, aka "pixel tags" or "clear GIFs", are small graphic images that may be included on first or third party Platforms, services, applications, messaging, and tools, that typically work in conjunction with cookies to identify you and your behavior.